Test v. Heaberlin

— This is a law action on a promissory note for $1000 signed by defendant Heaberlin, payable to plaintiff Test. At the conclusion of the evidence the trial court directed a verdict for plaintiff. From judgment thereon defendant has appealed.

The errors assigned and argued may fairly be reduced to two: that a jury issue was presented on defendant’s plea (1) there was no valid consideration for the note and (2) the note was obtained by fraud.

Defendant’s former wife Mae was granted a divorce from him May 6, 1959. Plaintiff was Mae’s attorney. In the divorce proceeding she obtained judgment for…